SECTION 1. Section Amended. Section 175.02 DEFINITIONS. is amended as follows: 15. “Bi-attached houses” – See “dwelling, semi-detached.” 17. “Board of Adjustment” means an officially constituted body whose principal duties are to grant variances from the strict application of the Zoning Code and to grant special exceptions and conditional use permits as provided by law. 23. “Carport” means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides. See also “garage.” 30. “Cluster subdivision” means a form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space. See Figure A. See also “planned unit development.” 33. “Conditional use permit” means a permit issued by the authorized board stating that the conditional use meets all conditions set forth in local ordinances. See also “special use permit.” 38. “Dish antenna” means any parabolic, spiracle, or other shaped structure used for, or intended to be used for, reception of satellite transmissions. 45. “Dwelling, semi-detached” means a one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot. See Figure C. COMMENT: The semi-detached dwelling is part of a two-family structure with the dwelling units side by side as opposed to one on top of the other. The semi-detached dwelling also could be the end unit of a townhouse row or a duplex. 991 61. “Garage” means a deck, fully enclosed building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles. See also “carport.” 106. “Nonconforming use” means a lot, structure, land use or activity that does not conform to the present requirements of the zoning district. 128. “Right-of-way” means (a) a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, trail or sidewalk, railroad, electric transmission lines, gas or oil pipeline, water line, sanitary storm sewer and other similar uses; or (b) generally, the right of one to pass over the property of another. 132. “Semi-attached houses” See “dwelling, single family detached.” 133. “Setback” means the distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps or decks. See Figure H. COMMENT: Where the setback is narrow, as in an urban area, even steps may be required to be behind the setback. 137. “special use permit” means a permit issued by the proper governmental authority which must be acquired before a special exception use can be constructed. See also “conditional use permit.” 144. “Swimming pool” (above and below ground) means a water-filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above, surface pool having a depth of more than thirty twenty-four (24) inches designed, used and maintained for swimming and bathing. SECTION 2. Section Amended Section 175.03 ESTABLISHMENT OF DISTRICTS; OFFICIAL ZONING MAP. is amended as follows: For the purpose of the Zoning Code, the following sixteen fourteen classes of districts are hereby established within the City as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Zoning Code: U-1 A-1 R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 C-5 C-6 M-1 M-2 M-3 Conservancy District Agricultural District Single-family Low Density Residential District One-family and Two-family Medium Density Residential District Multi-family High Density Residential District Mobile Home Park Residential District Planned Unit Development Residential-Commercial District General Commercial District Planned Commercial District Central Business District Office Park Commercial / Recreational District Limited Industrial District General Industrial District Heavy Industrial District 1003 SECTION 3. Section Amended Section Chapter 175.04 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. is amended as follows: 8. Where district boundaries as shown on the Official Zoning Map split a parcel or do not follow a parcel boundary, the Planning and Zoning Commission shall interpret the district boundaries based on the general interpretation of the official zoning map. SECTION 4. Section Amended Section Chapter 175.05 APPLICATION OF DISTRICT REGULATIONS. is amended as follows: 5. Where a proposed land use does not clearly fit under a use identified in the relevant zoning district as a principal permitted use, permitted conditional use, or permitted accessory use such use shall be prohibited. The determination as to if a proposed use fits in a particular district shall be made by the Zoning Administrator. Any appeals to such decision shall be considered by the Board of Adjustment.
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